Quick QUESTION about buying a new .tld domain with generic keyword

[MotiveAlly]

Hey guys!

I got a quick question that I really need answered, but I was apparently blocked from chat yesterday.

is it cool to buy a new .tld domain containing a generic keyword that replaces an old .com of an old business to sell it to them?

Answers much appreciated! Thanks in advance

MotiveAlly, 6 minutes agoReport
Reply

 

[namerav]

You came across FantasticCars.com business and You want to register Fantastic.cars and want to sell to .com owner.
I think it's risky.

 

[MotiveAlly]

Why so? Legal trouble?

 

[wwwweb]

It sounds like you are trying to profit off someone else's TM, if you continue down that path, hopefully you do not have assets worth at least $100K, as that is what you would be liable for if they ever chose to come after you. Don't play with marks of old established companies.

 

[Haris]

@MotiveAlly it's not a problem if the keywords are generic, not trademarked.. like I own Video dot House I can sell it to VideoHouse dotnet without a problem.. there are many companies using the exact match brand name. But if it's a trademarked name, like microsoft dot whatever.. you will get in trouble.

 

[Corey]

An excellent resource = Trademark basics | USPTO

Cheers
Corey

 

[MotiveAlly]

Got it, much appreciated! Thanks! I was about to buy it but decided to double check before hand, it's a generic name though, does that make a difference? Isn't that a mistake on their part choosing a generic name like guns store... I belive it's kinda depatable, so let me know if you know anything in mind, thanks again

 

[Haris]

Got it, much appreciated! Thanks! I was about to buy it but decided to double check before hand, it's a generic name though, does that make a difference? Is't that a mistake on their part choosing a generic name like guns store... I belive it's kinda depatable, so let me know if you know anything in mind, thanks again

PM me the name.

 

[MotiveAlly]

@MotiveAlly it's not a problem if the keywords are generic, not trademarked.. like I own Video dot House I can sell it to VideoHouse dotnet without a problem.. there are many companies using the exact match brand name. But if it's a trademarked name, like microsoft dot whatever.. you will get in trouble.

Yup, that's what i'm saying, it's not a brand name, just a generic nane that a descibes something and a place. It's short too, that's why I like it. I got lit.loans. Is that considered generic or brand?

 

[MotiveAlly]

An excellent resource = Trademark basics | USPTO

Cheers
Corey

I'm looking at this and watching the video, but i'm not sure how I can find my answer there. Please let me know if it's cool to buy since it's generic, i'm kinda on a budget and it's a big investement to make considering how much I have. I was thinking it would be a quick sale since they have the dot com and it's 3 letters shorter.

 

[wwwweb]

Yup, that's what i'm saying, it's not a brand name, just a generic nane that a descibes something and a place. It's short too, that's why I like it. I got lit.loans. Is that considered generic or brand?

Lit Loans just because it sounds generic could still be a TM, it is up to you to check this out before registering.

 

[MotiveAlly]

PM me the name.

Can't do that until I buy it, because it's still available.

 

[MotiveAlly]

Lit Loans just because it sounds generic could still be a TM, it is up to you to check this out before registering.

Could someone register the TM and take the domain from me? How much does it cost to register?

 

[Corey]

Have you conducted a Trademark search @ Trademark Electronic Search System (TESS)

Cheers
Corey

 

[wwwweb]

Could someone register the TM and take the domain from me? How much does it cost to register?

Sure, anything is possible, but that is considered reverse hijacking, take some time to read namepros before you do anything drastic.

 

[MotiveAlly]

Sure, anything is possible, but that is considered reverse hijacking, take some time to read namepros before you do anything drastic.

Something drastic like what? Buying the domain? I already have 40+

Also, how much is it to register the TM?

 

[Corey]

Your posting domain names that will be indexed, consider using

Legal Discussion
Online legal issues, domain disputes, trademark and copyright law @ https://www.namepros.com/forums/legal-discussion.229/

Read this thread
Consequences of Registering Trademark Domains @ https://www.namepros.com/threads/consequences-of-registering-trademark-domains.778594/

Cheers
Corey

 

[Kate]

is it cool to buy a new .tld domain containing a generic keyword that replaces an old .com of an old business to sell it to them?

Assuming there are no TM issues:
Maybe they're just not interested. They could have bought the name for regfee, so what makes you think they would want to buy the name from you for much more ? Especially seeing that you registered it the day before. Sure, you must be thinking, it's because they were not aware that TLD exists. Most end users are indeed unaware, and they don't care.
Just a thought.

 

[blockchain]

They could have bought the name for regfee, so what makes you think they would want to buy the name from you for much more ?.

why not?

 

[Fancy.domains]

Personally, I avoid to contact companies with my new gTLDs, simply because I think they might get "bothered" and avoid me at all costs, in the future.

Instead I wait for them to contact me. If the combination of keyword and TLD is good enough, they probably will, even if it might take a few years.

 

[poweredbyme]

All TLD's are almost equal in SEO. You can develop a website on any TLD with no significant difference. TM issue can happen on any TLD. TM issues are irrelevant to new TLD's.

Edit: gTLD's (Domain extensions ending with a country code) are exception. They (supposedly) rank better in search result pages in the respective country. For instance if you live in France you will see more .fr domains in search results than other searchers in other countries.

 

[thevictor]

TM issues are irrelevant to new TLD's.

Can you please expand on this one?

 

[poweredbyme]

Can you please expand on this one?

I meant any extension can face with a TM problem, trademarkedthing dot com, dot net, or dot new-TLD are not different.

However combination of the domain and its newTLD might be a TM. I didn't realize this when posting my previous reply. New TLD's might raise possibility of TM issues as they are popular meaningful words. Before registering a new TLD, it's better to check the name and name+TLD for TM.

 

[Joe N]

General rule of thumb, I think, is that if you have to ask if it's okay, it's best to avoid buying the name.

One of the factors that would go into deciding a UDRP claim (if they were to file one) would be your intent for buying the name. Trademark or not, if you buy the name and immediately approach a company with the exact same name, with an offer to sell for profit, then your intent is clear... You are attempting to profit from their established brand.

Bottom line... no one in this thread is qualified to give you a professional answer, and even a lawyer would be unable to be certain without knowing the exact name. The usual go-to advice is to avoid these situations.